Torts Keyed to Dobbs
Lee v. Crookston Coca-Cola Bottling Co
Plaintiff, a waitress in a Minnesota restaurant, was injured when a Coca-Cola bottle exploded in her hand. The evidence submitted showed that the bottle had in fact exploded, that it had not been exposed to extremes of temperature, and that it had not struck anything. The judge refused to permit a claim under strict tort liability; instead he submitted the case to a jury on the theories of breach of implied warranty and negligence under the doctrine of res ipsa loquitur. The jury found no negligence or breach of warranty and found for the Defendant. The Plaintiff appealed, asserting that the judge improperly precluded the strict liability claim in his instruction to the jury.
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